Assiterminal calls for measures to facilitate the investment of port terminalists in rail link infrastructure



This morning, at an informal hearing in videoconference at the Public Works Commission, Senate communications in the scope of the examination of the draft law no. 2646 of conversion into law of decree-Law 68/2022 on the safety and development of infrastructure and transport, the Italian Association Port & Terminal Operators (Assiterminal) highlighted the need to impart an acceleration concrete on the encouragement of the railway intermodality to and from ports, also fostering the investments of port terminalists in rail link infrastructure.

In addition, the association proposed a change in the criteria for adjusting the measure of the concessional fee deemed to be more adherent to the context. "We are reduci," the director of Assiterminal, Alessandro Ferrari, said, referring to the increase in the number of canons-from a 7.95% for 2022 that partly sterilized some of the covids of the Covid biennium and we would not want to find ourselves. in similar situation next year, with the current inflatable outlook. "We therefore propose a stop &go, which we believe is much more consistent and in line with the principle (on which we do not give up) of the economic-financial rebalancing," Ferrari said.

Below are the proposals for changes and integration made by Assiterminal in the framework of the conversion process of the decree-law 68/2022 :

After art. 9 insert the following

Art 9 bis (promotion of the port-rail intermodality)

To art. 13 bis of DL 21/22, converted with Law nr 51 of May 20, 2022, the following changes are made :

1. At paragraph 1, the words "may recognize" shall be replaced by the words "shall recognize, until December 31, 2025"

2. After paragraph 1, the following subparagraphs shall be added :

" 2. By directorial decree, to be enacted within ninety days of the entry into force of this provision, the Ministry of Sustainable Infrastructure and Mobility, hear the port system authorities and trade associations most representative of the Terminal Operators category, sets the rail traffic targets, also differentiated for each port scope, the entity and the manner of determining the discount on the concession fee.

3. Under the same decree as referred to in paragraph 2, a fund of EUR 2 million shall be set up at the Ministry of Infrastructure and Sustainable Mobility with the purpose of rebalancing, where necessary, the lesser resources arising from the recognition of the incentive provided for in paragraph 1.

4. Art is repealed. 47 paragraph 11-quater of the decree-law April 24, 2017, no. 50, converted with amendments by law June 21, 2017, n. 96. Until the entry into force of this provision, however, the discounts granted by the port system authorities pursuant to the provision of the first period shall be valid.

5. Where rail traffic in origin or destination from a port placed on the TEN-T Core or Comprehensive Network, as referred to in Regulation 1315 /2013/UE, is directed towards, or originates from, an interport, or freight sorting center, placed on the same network with railway mode, the fee for the use of the railway infrastructure and the fee for the disbursement of landing and embarkation operations are compensated for in the maximum measure of 50% by the State through the fund of which in paragraph 3, increased for a sum of EUR 20 million for each year 2023, 2024, 2025. With Directorial Decree, the arrangements and timing of access to the fund by the railway infrastructure managers, interport managers and ex-art dealers are established. 18 law no. 84/1994, also grouped in consortium.

6. The dealers of demanial spaces in the port area within the meaning of art. 18 of the Law no. 84/1994 benefits from a tax credit of 100% for costs relating to the realization, pristine refurnishing and extraordinary maintenance, of the railway infrastructure located on the receiving terminals that allow for a link to the rail network referred to in Regulation no. 1315/2013. "

Illustrative Report

The new provision aims to make effective and unitary at the national level, the incentive of "iron" freight traffic introduced, in a purely theoretical way, by art. 47 paragraph 11-quater of the decree-law April 24, 2017, no. 50 through which the concrete incentivizing effect is left to the mere discretion of each AdSP. For reasons of consistency and systematic order, the proposed novella also contains the contextual repeal of the foreword art. 47 paragraph 11-quater d.l. 50/2017.

A norm that allows to promote the ship / train intermodality on TEN-T networks is also envisaged, through a culling of the charges of using rail and port infrastructure. The standard is also posed as a new CD reprocessing hypothesis. Ferrobonus.

The identification of the amount of EUR 20 million shall be calculated taking into account the average landing and embarkation rate of a container intended for rail traffic, equal to EUR 40, discounted by 50% and multiplied by a minimum expected volume of a million rail containers, considering that a competitive terminal as a gateway to the ports of the northern range moves around 2 million containers.

Finally, in order to allow all infrastructure managers the right to promote rail traffic, a 100 percent hyperamortization of investments aimed at realizing, restoring or manutenere (in an extraordinary way) is expected. binaries located on the concession terminals.

Art. 9 ter (inflation adjustment of the port demanial canon)
After art. 9 insert the following

Art 9 bis (promotion of the port-rail intermodality)
To art. 13 bis of DL 21/22, converted with Law nr 51 of May 20, 2022, the following changes are made :
1. At paragraph 1, the words "may recognize" shall be replaced by the words "shall recognize, until December 31, 2025"
2. After paragraph 1, the following subparagraphs shall be added :
" 2. By directorial decree, to be enacted within ninety days of the entry into force of this provision, the Ministry of Sustainable Infrastructure and Mobility, hear the port system authorities and trade associations most representative of the Terminal Operators category, sets the rail traffic targets, also differentiated for each port scope, the entity and the manner of determining the discount on the concession fee.
3. Under the same decree as referred to in paragraph 2, a fund of EUR 2 million shall be set up at the Ministry of Infrastructure and Sustainable Mobility with the purpose of rebalancing, where necessary, the lesser resources arising from the recognition of the incentive provided for in paragraph 1.
4. Art is repealed. 47 paragraph 11-quater of the decree-law April 24, 2017, no. 50, converted with amendments by law June 21, 2017, n. 96. Until the entry into force of this provision, however, the discounts granted by the port system authorities pursuant to the provision of the first period shall be valid.
5. Where rail traffic in origin or destination from a port placed on the TEN-T Core or Comprehensive Network, as referred to in Regulation 1315 /2013/UE, is directed towards, or originates from, an interport, or freight sorting center, placed on the same network with railway mode, the fee for the use of the railway infrastructure and the fee for the disbursement of landing and embarkation operations are compensated for in the maximum measure of 50% by the State through the fund of which in paragraph 3, increased for a sum of EUR 20 million for each year 2023, 2024, 2025. With Directorial Decree, the arrangements and timing of access to the fund by the railway infrastructure managers, interport managers and ex-art dealers are established. 18 law no. 84/1994, also grouped in consortium.
6. The dealers of demanial spaces in the port area within the meaning of art. 18 of the Law no. 84/1994 benefits from a tax credit of 100% for costs relating to the realization, pristine refurnishing and extraordinary maintenance, of the railway infrastructure located on the receiving terminals that allow for a link to the rail network referred to in Regulation no. 1315/2013. "

Illustrative Report
The new provision aims to make effective and unitary at the national level, the incentive of "iron" freight traffic introduced, in a purely theoretical way, by art. 47 paragraph 11-quater of the decree-law April 24, 2017, no. 50 through which the concrete incentivizing effect is left to the mere discretion of each AdSP. For reasons of consistency and systematic order, the proposed novella also contains the contextual repeal of the foreword art. 47 paragraph 11-quater d.l. 50/2017.
A norm that allows to promote the ship / train intermodality on TEN-T networks is also envisaged, through a culling of the charges of using rail and port infrastructure. The standard is also posed as a new CD reprocessing hypothesis. Ferrobonus.
The identification of the amount of EUR 20 million shall be calculated taking into account the average landing and embarkation rate of a container intended for rail traffic, equal to EUR 40, discounted by 50% and multiplied by a minimum expected volume of a million rail containers, considering that a competitive terminal as a gateway to the ports of the northern range moves around 2 million containers.
Finally, in order to allow all infrastructure managers the right to promote rail traffic, a 100 percent hyperamortization of investments aimed at realizing, restoring or manutenere (in an extraordinary way) is expected. binaries located on the concession terminals.


Art. 9 ter (inflation adjustment of the port demanial canon)

The unitary measure of the demanial canon in ports subject to Law no. 84/1994, as envisaged by art. 04 of the decree-law October 5, 1993, no. 400, converted, with modifications and additions, by Law December 4, 1993, n. 494, is adjusted to the average annual inflation rate calculated by ISTAT in the previous year to that of application.
In order to ensure the financial economic balance of ex-art dealers. 18 and 6 of Law no. 84/1994, located on the TEN-T, Core and Comprehensive networks, as set out in Regulation 1315 /2013/UE, the increment shall not be applied where the ebitda of the concessionaire business, in the same period as in paragraph 1, has not grown at least equal to the rate as referred to in subparagraph 1.
For the years 2022. 2023 and 2024, in order to promote the resumption of passenger traffic as a result of the pandemic from Covid 19, of the war conflict in Ukraine as well as in order to promote freight traffic on the TEN-T in Regulation 1315 /2013/UE, the increase of which in paragraph 1, shall not be applied. '


Illustrative Report
The standard aims to give uniformity of application to the adjustment of the deductial canon to inflation according to a criterion that is identical in all ports.
In any case, the standard does save the application of the European order and, in order to promote traffic on the TEN-T networks and ensure the financial economic balance that is discerning from art. 56 TFEU, provides that the adjustment would not be applied if the inflation did not have concrete effects, in terms of increased turnover, on the terminals.


Art. 9 quater (Provisions on renewable energy communities and cold ironing)
In Article 9, after paragraph 2, the following commi shall be inserted
" 3. All concessionaires of demanial spaces in the port, also grouped in consortium, may promote or accede, as partners, to renewable energy communities incorporated under paragraph 2.
4. The actuating bodies referred to in art. 2 of the MIMS Decree of August 13, 2021, may make use of the consortia and the energy community referred to in paragraph 2 for the realization and management of the interventions referred to in art. 1 paragraph 3 lett. e) of the MIMS Decree of August 13, 2021. In such a case the energy community remains obliged to respect the d.lgs. n. 50/2016, where applicable. "

Illustrative Report
Changes to the text in circulation (highlighted in red) aim to formalize that even the concessionaires of port areas (ex art. 36 cod nav / art. 18 L. 84/94) may be part of the energy communities that the AdSPs may constitute. In essence, in order to give completeness to the regulatory novelty, it is considered necessary to provide for such a possibility for companies in the port sector that fall within the scope of competence of the same AdSP and there "physically present" in reason of a legitimate act of concession of area and / or quay, issued under the Act.
The same energy communities and eventual terminalists (also grouped into consortia) can be identified as a tool for the realization and management of the cold ironing energy infrastructure. In such a case, the energy communities remain obliged to choose any service providers and works in compliance with the d.lgs. 50/2016.